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1996-09-24j "CORRECTED" CITY COUNCIL AGENDA FOR SEPTEMBER 24. 1996 LEGISLATIVE CHAMBERS - 2:00 P.M, ROLL CALL 1. City Clerk calls the roll. Doc. # 2580 - Present: Koneck, Lo, Takechi, Anzaldo, Christensen, Mr. President Absent: Council 2. Pledge of Allegiance. 3. Invocation by Councilmember Frank Christensen of District No. 7. CERTIFICATION OF PUBLICATION. 4. City Clerk certifies publication in Daily Record, the Official Newspaper of the City of Omaha on September 20, 1996, notice re: Pre-Council and Regular City Council Meetings, September 24, 1996. Doc. # 2581 - From Chair on File LIQUOR ( 5. CLASS "I" - Mihart, Inc., .dba "Bum Steer Steaks", 11111 Emmett Street. New ( application, old location, present licensee Mihart, Inc., dba "Jebb's Pub", 11111 Emmett Street - see attached. ((YOU HAVE YOUR HEARING ON THE ( APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION ( EITHER TO GRANT OR DENY)) ( Res. # 2582 - Grant Carried 7-0 ( ( CONTINUED TO NEXT PAGE ( ( ( ( 6. OFF SALE BEER - Mihart, Inc., dba "Bum Steer Steaks", 11111 Emmett Street. New application, old location, present licensee Mihart, Inc., dba"Jebb's Pub", 11111 ( Emmett Street - see attached. ((YOU HAVE YOUR HEARING ON THE ( APPLICATION BUT YOUR MOTION SHOULD BE TO ADOPT A RESOLUTION ( EITHER TO GRANT OR DENY)) ( ( Res. # 2583 - Grant Carried 7-0 7. CATERING PERMIT - Leisure Lanes, Inc., dba "Leisure Lanes", 4811 "L" Street. New application, old location. Applicant presently has a Class "C" Liquor License at this location - see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2584 -Approve Carried 7-0 8. Sam's Lounge, Inc., dba "Sam's Lounge", 9658 Mockingbird Drive, requests permission to appoint Misao A. Corrado as manager of their present Class "C" Liquor License- see attached. ((MOTION NEEDED TO APPROVE OR NOT TO APPROVE)) Doc. # 2585 -Approve Carried 6-0 ( 9. Varsity Investments, 302 South 11th Street, requests permission for a Special Designated License for an Ethnic Festival with food booths, crafts, ethnic music and ( dancing on Leavenworth Street between 9th and 11th Streets, on October 5 and 6, ( 1996 from 12:00 o'clock noon to 10:00 P.M. - see attached. ((MOTION NEEDED ( TO APPROVE OR NOT TO APPROVE)) ( Doc. # 2586 -Approve Carried 7-0 ( (a) Street Closing Permit issued by the Public Works Department - see attached. ( ( # 2586 - From Chair on File ( ( (b) Communication from Fred M.Wolf,Assistant Fire Marshall for the City of Omaha, approving the street closing - see attached. ( # 2586 - From Chair on File ( ( ( CONTINUED TO NEXT PAGE ( ( ( - 2 - • ( (c) Communications from ConAgra and UPRR Companies stating they ( have no objections to the street closing - see attached. ( ( # 2586 - From Chair on File ( ( 10. Res. that the City of Omaha authorizes and consents to the possession and consumption of beer on the City-owned property located on Leavenworth Street ( between 9th and 11th Streets, Omaha, Nebraska, as authorized by a Special ( Designated Liquor License issued to Varsity Investments for October 5th and 6th, 1996. ((SEE FOLDERS)) • ( Res. # 2587 -Adopt Carried 7-0 ( CONDEMNATION - APPEALS ( 11. Hugh N. Shuffty appeals the condemnation of a 1 story dwelling, 918 square feet, ( located at 1828 a/k/a 1830 Fort Street, as set forth in Section 43-38 Appeal ( Procedure of Division 4 of Unsafe Buildings of General Ordinance of the City of ( Omaha - see attached. Doc. # 2588 - Motion to DENY appeal and sustain the condemnation ( Carried 7-0 ( ( (a) Pictures submitted by Ken Taylor, Planning Department, re: ( condemnation appeal of the property located at 1828 a/k/a 1830 Fort Street. ( ( # 2588 - From Chair on File ( 12. John Simmons appeals the condemnation of a 2 story commercial building, 4,050 ( square feet, located at 3906 North 24th Street, as set forth in Section 43-38 Appeal ( Procedure of Division 4 of Unsafe Buildings of General Ordinance of the City of ( Omaha - see attached. ( Doc. # 2589 - Motion to lay over 10 wks. to 12/3/96 Carried 7-0 ( (a) Pictures submitted by Ken Taylor, Planning Department, re: condemnation appeal of the property located at 3906 North 24th ( Street. ( # 2589 - Over to 12/3/96 ( - 3 - • ( 13. Les Huff, on behalf of Raymond F. Badami, appeals the condemnation of a 2 story dwelling, 1,326 square feet, located at 4522 North 40th Street, as set forth in ( Section 43-38 Appeal Procedure of Division 4 of Unsafe Buildings of General ( Ordinance of the City of Omaha - see attached. ( Doc. #2590-Motion to DENY the appeal and sustain the condemnation and return Appeal Bond of Mr. Less Huff Carried 7-0 (a) Pictures submitted by Ken Taylor, Planning Department, re: ( condemnation appeal of the property located at 4522 North 40th ( Street. ( # 2590 - From Chair on File ZONING ORDINANCES ON FINAL READING and Planning Board Attachments ( 14. Ord. to rezone from R4-Single Family Residential District (High-Density) to LC-Limited Commercial District; Southwest of 72nd and Pratt Streets. ((PUBLIC ( HEARING TODAY - CAN BE PASSED TODAY)) ( Doc. # 2591 - ORDINANCE # 33999 PASSED Carried 7-0 (a) Planning Board and Planning Department recommend approval of a ( request to rezone from R4 to LC; Southwest of 72nd and Pratt Streets ( - see attached. ( ( # 2591 - From Chair on File ( ( 15. Res. that the preliminary plat entitled BENSON REPLAT IV is hereby accepted; ( and, the preparation of the final plat of this subdivision is hereby authorized; ( Southwest of 72nd and Pratt Streets - Inside City-over from 9/10/96 for publication ( and Public Hearing - had publication -see attached. ((PUBLIC HEARING TODAY- ( CAN BE ADOPTED TODAY)) ( Res. # 2592 -Adopt Carried 7-0 ( ( (a) Planning Board and Planning Department recommend approval of the . ( Preliminary Plat of BENSON REPLAT IV; Southwest of 72nd and Pratt Streets - Inside City - over from 9/10/96 - see attached. ( # 2592 - From Chair on File ( ( ( ( CONTINUED TO NEXT PAGE ( ( 4 - ( ( 16. Res. that the replat transmitted herewith entitled BENSON REPLAT IV, is hereby approved; and concurrently a portion of the existing plats entitled Spanish Gardens ( and Benson, and described on said replat, are hereby vacated; Southwest of 72nd ( and Pratt Streets- Inside City-over from 9/10/96 for publication and Public Hearing ( - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ( ADOPTED TODAY)) ( ( Res. # 2593 -Adopt Carried 7-0 ( (a) Planning Board and Planning Department recommend approval of the ( Final Plat of BENSON GARDENS REPLAT IV; Southwest of 72nd and Pratt Streets - Inside City - over from 9/10/96 - see attached. ( # 2593 - From Chair on File ( ( 17. Ord. to rezone from DR-Development Reserve District to GC-General Commercial District (portions of which property lie within the floodplain and floodway); 1702 Bob ( Boozer Drive. ((PUBLIC HEARING TODAY - CAN BE PASSED TODAY)) Doc. # 2594 - Motion not to pass Carried 6-0-1 Pass Yeas: Koneck, Lo, ( Anzaldo, Christensen, Council, Terry Pass: Takechi ( (a) Planning Board and Planning Department recommend DENIAL of a ( request to rezone from DR to GC (portions of which property lie within ( the floodplain and floodway); 1702 Bob Boozer Drive - see attached. ( ( # 2594 - From Chair on File ( 18. Ord. to rezone from GO-General Office District to R5-Urban Family Residential ( District; Northwest of 147th Street and Stony Brook Boulevard. ((PUBLIC ( HEARING TODAY - CAN BE PASSED TODAY)) ( Doc. # 2595 - ORDINANCE # 34000 PASSED Carried 7-0 ( ( (a) Planning Board and Planning Department recommend approval of a request to rezone from GO to R5; Northwest of 147th Street and ( Stony Brook Boulevard - see attached. ( # 2595 - From Chair on File ( ( ( CONTINUED TO NEXT PAGE ( - 5 - { • ( ( ( 19. Res. that the replat transmitted herewith entitled BLESSIE'S FIRST ADDITION, is hereby approved; and concurrently a portion of the existing plat entitled Stony ( Brook, and described on said replat, is hereby vacated; Northwest of 147th Street ( and Stony Brook Boulevard - Inside City - over from 9/10/96 for publication and ( Public Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - ( CAN BE ADOPTED TODAY)) ( ( Res. # 2596 -Adopt Carried 7-0 ( (a) Planning Board and Planning Department recommend approval of the ( Final Plat of BLESSIE'S FIRST ADDITION; Northwest of 147th Street and Stony Brook Boulevard - Inside City - over from 9/10/96 - see ( attached. ( # 2596 - From Chair on File ( ( ( 20. Res. that the Subdivision Agreement between the City of Omaha and RBC Enterprises, Inc., as recommended by the Mayor, providing for the public ( improvements and sewer connections to the Omaha sewer system, is hereby ( approved. The Subdivision is to be known as Blessie's First Addition which will be ( located Northwest of 147th Street and Stony Brook Boulevard - over from 9/10/96 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) ( Res. # 2597 -Adopt Carried 7-0 ( RESOLUTIONS RE: PLATS & SUBDIVISION AGREEMENTS ( 21. Res. that the replat transmitted herewith entitled ARMBRUST ACRES, is hereby approved; and concurrently a portion of the existing plat entitled Armbrust Acres 4th ( Addition, and described on said replat, is hereby vacated; Southeast of 168th Street ( and West Center Road - Inside City - over from 9/10/96 for publication and Public ( Hearing - had publication - see attached. ((PUBLIC HEARING TODAY - CAN BE ( ADOPTED TODAY)) ( Res. # 2598 -Adopt Carried 7-0 ( ( (a) Planning Board and Planning Department recommend approval of the ( Final Plat of ARMBRUST VILLAGE; Southeast of 168th Street and ( West Center Road - Inside City - over from 9/10/96 - see attached. ( # 2598 - From Chair on File ( ( ( ( CONTINUED TO NEXT PAGE ( ( - 6 - • ( ( 22. Res. that the Subdivision Agreement between the City of Omaha and Armbrust Village Venture, L.P., a Texas Limited Partnership, by its General Partner ( RIZK/HAR-TOWN GP, Inc., a Texas Corporation, and Armbrust Village Owners' ( Association, as recommended by the Mayor, providing for the public and private ( improvements and sewer connections to the Omaha sewer system, is hereby ( approved. The Subdivision is to be known as Armbrust Village which will be located ( Southeast of 168th Street and West Center Road - over from 9/10/96 - see attached. ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) ( Doc. # 2599 -Adopt Carried 7-0 ( "PURSUANT TO CITY COUNCIL RULE VII E, AGENDA ITEMS NO. 23 THROUGH 24 SHALL BE LAID OVER TWO WEEKS" ( 23. Res. that the plat entitled WESTERN SPRINGS (Phase II) is hereby approved and accepted; Northeast of 180th Street and West Center Road - Outside City - see ( attached. ( Doc. # 2600 - Over 2 wks. to 10/8/96 pursuant to City Council Rule VII E ( ( ( (a) Planning Board and Planning Department recommend approval of the Final Plat of WESTERN SPRINGS (Phase II); Northeast of 180th ( Street and West Center Road - Outside City - see attached. ( # 2600 - Over to 10/8/96 ( ( 24. Res. that the Subdivision Agreement between the City of Omaha, Sanitary and Improvement District 411 of Douglas County, Nebraska and Western Springs Land ( Corporation and Western Springs Homeowners Association, as recommended by ( the Mayor, providing for the public improvements and sewer connection to the ( Omaha Sanitary Sewer System, is hereby approved. The Subdivision is to be known as Western Springs (Phase II) and is located Northeast of 180th Street and ( West Center Road - see attached. ( Doc. # 2601 - Over 2 wks. to 10/8/96 pursuant to City Council Rule VII E ( * * * * * * * * * * * * * * * - 7 - PLAT AND DEDICATIONS ( 25. Plat and Dedication of an irregular 12 foot wide strip of land along the west side of 72nd Street from Douglas Street south approximately 250 feet - Inside City - over ( from 9/10/96 for publication and Public Hearing - had publication. ((PUBLIC ( HEARING TODAY - CAN BE APPROVED TODAY)) ( ( Doc. # 2602 -Approve Carried 7-0 ( ( (a) Planning Board and Planning Department recommend approval of the ( Plat and Dedication of an irregular 12 foot wide strip of land along the ( west side of 72nd Street from Douglas Street south approximately ( ( 250 feet - Inside City - over from 9/10/96 - see attached. ( ( # 2602 - From Chair on File ( ( ( 26. Plat and Dedication of an irregular 11 foot wide strip of land along the south side of ( Dodge Street from 72nd Street west approximately 206 feet- Inside City-over from 9/10/96 for publication and Public Hearing - had publication. ((PUBLIC HEARING ( TODAY - CAN BE APPROVED TODAY)) ( Doc. # 2603 -Approve Carried 7-0 ( (a) Planning Board and Planning Department recommend approval of the ( Plat and Dedication of an irregular 11 foot wide strip of land along the ( south side of Dodge Street from 72nd Street west approximately 206 ( feet - Inside City - over from 9/10/96 - see attached. ( ( # 2603 - From Chair on File ( 27. Plat and Dedication of a 5 foot wide strip of land along the south side of"U" Street between 31st and 32nd Streets - Inside City- over from 9/10/96 for publication and ( Public Hearing - had publication. ((PUBLIC HEARING TODAY - CAN BE ( APPROVED TODAY)) ( ( Doc. # 2604 -Approve Carried 6-0 ( (a) Planning Board and Planning Department recommend approval of the ( Plat and Dedication of a 5 foot wide strip of land along the south side ( of"U" Street between 31st and 32nd Streets - Inside City - over from ( 9/10/96 - see attached. ( # 2604 - From Chair on File - 8 - f 4, ORDINANCES ON FINAL READING and Planning Board Attachments ( 28. Ord. to approve Amendment No. 4 to the Concept Element of the Master Plan for the City of Omaha by changing the floor area ratio (FAR)guideline for neighborhood ( mixed use centers from .3 to .21 - see attached. ((PUBLIC HEARING HELD 9/17/96 - CAN BE PASSED TODAY)) ( Doc. #2605 - ORDINANCE # 34001 PASSED Carried 6-0 ( (a) Planning Board and Planning.Department recommend approval of ( Amendment No. 4 to the Concept Element of the Master Plan for the ( City of Omaha - see attached. ( ( # 2605 - From Chair on File ( 29. Ord. vacating Avenue "J" from 19th Street to 20th Street and 19th Street from Avenue "J" to Avenue "H" (East Omaha), and providing the effective date hereof- ( see attached. ((PUBLIC HEARING HELD 9/17/96 - CAN BE PASSED TODAY)) ( Doc. # 2606 - ORDINANCE # 34002 PASSED Carried 7-0 ( ( ( (a) Planning Board and Planning Department recommend approval of the vacation of Avenue "J" adjoining Lots 13 and 14, Block 2, and Lots 1 ( and 26, Block 8, Oliver Place and 19th Street East between Avenue ( "H" and "J" adjoining Lots 14-26, Block 8, and Lots 1-13, Block 7, ( Oliver Place - see attached. ( ( # 2606 - From Chair on File ( 30. Ord. vacating Leavenworth Street from 70th Street west 115± feet in the City of ( Omaha and providing the effective date hereof-see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) ( Doc. # 2607 - Motion to lay over 4 wks. to 10/22/96 Carried 6-1 Yeas: ( Koneck, Lo, Takechi, Anzaldo, Council, Terry Nays: Christensen ( ( (a) Planning Board and Planning Department recommend approval of the ( vacation of Leavenworth Street from 70th Street west 115±feet- see ( attached. ( ( # 2607 - Over to 10/22/96 ( CONTINUED TO NEXT PAGE ( - 9 - ( (b) Communication from Robert J. Hamer, Assistant City Attorney, re: request to withdraw signatures from the petition to vacate ( Leavenworth Street from 70th Street west 115±feet, etc. - over from ( 9/17/96 - see attached. ( # 2607 - Over to 10/22/96 ( ( ( (c) Communications supporting the ordinance vacating Leavenworth ( Street from 70th Street west 115±feet, etc. - over from 9/17/96 - see attached. ( # 2607 - Over to 10/22/96 ( ( (d) Documents submitted by Michael Coyle, attorney representing ( ( Sheppard's Business Interiors, re: the vacation of Leavenworth Street ( from 70th Street west 115±feet. ( # 2607 - Over to 10/22/96 ( (e) Pictures submitted by Michael Coyle, attorney representing ( Sheppard's Business Interiors, re: the vacation of Leavenworth Street ( ( from 70th Street west 115±feet, etc. ( ( # 2607 - Over to 10/22/96 ( (f) Pictures submitted by Kirk Meisinger re: vacation of Leavenworth ( Street from 70th Street west 115± feet. ( ( # 2607 - Over to 10/22/96 ORDINANCES ON FINAL READING ( 31. Ord. to amend Chapter 34 of the Omaha Municipal Code; to amend Section 34-58 ( of the Omaha Municipal Code to eliminate a four dollar administrative fee for street cut permits; to repeal Section 34-58 of the Omaha Municipal Code as heretofore ( existing and to provide for an effective date hereof - see attached. ((PUBLIC ( HEARING HELD 9/17/96 - CAN BE PASSED TODAY)) ( Doc. # 2608 - Motion to place on file Carried 7-0 ( ( ( (a) Communication from Don W. Elliott, Public Works Director, requesting ( that the ordinance to amend Chapter 34 of the Omaha Municipal Code be placed on file - see attached. ( # 2608 - From Chair on File ( - 10 - 32. Ord. approving a redevelopment and tax increment financing loan agreement with the Securities Building Limited Partnership, 1704 South 10th Street, for the rehabilitation of the historic Securities Building located at 305 South 16th Street into 35 residential units and 5,500 square feet of leasable commercial space at street level - see attached. ((PUBLIC HEARING HELD 9/17/96 - CAN BE PASSED TODAY)) Doc. # 2609 - ORDINANCE # 34003 PASSED Carried 7-0 33. Ord. to amend Ordinance No. 14303, Section 40-252 of the Omaha Municipal Code, by an addition thereto of a new Class "A" Oil District, to be known as District No. A-103; and to provide the effective date hereof(American Commercial Marine Service, 701 Abbott Drive) - see attached. ((PUBLIC HEARING HELD 9/17/96 - CAN BE PASSED TODAY)) Doc. # 2610 - ORDINANCE # 34004 PASSEJD Carried 6-0 34. Ord. to waive the fifteen (15) day appeal requirement in Section 43-38 of the Omaha Municipal Code for condemned property at 4854 "J" Street, owned by John R. Ryan, Sr., to permit a condemnation appeal at a hearing to be included on the next City Council agenda immediately following the effective date of this Ordinance, provided that the other requirements of Section 43-38 be complied with prior to the said next City Council hearing; and to provide the effective date hereof - see attached. ((PUBLIC HEARING HELD 9/17/96 - CAN BE PASSED TODAY)) Doc. # 2611 - Motion to place on file Carried 6-0 ( 35. Ord. to name the ice arena located in Tranquility Park in honor of Timothy Moylan; ( and to provide an effective date hereof - see attached. ((PUBLIC HEARING CONTINUED TO TODAY - CAN BE PASSED TODAY)) ( Doc. # 2612 - Motion to lay over 1 wk. to 10/1/96 and continue the Public ( Hearing Carried 6-0 ( (a) Communication from Warren Weaver, Council Staff Assistant, ( requesting on behalf of Council President Terry, that the ordinance ( naming the ice arena located at Tranquility Park be laid over one week to October 1, 1996 and continue the public hearing. ( ( # 2612 - From Chair on File - 11 - ORDINANCES ON SECOND READING 36. Ord. to amend Section 19-64 of the Omaha Municipal Code imposing an occupation tax on persons engaged in the business of lending money, including taking assignment of wages or certain mortgages as security for loans; to increase the occupation tax to $1800.00 per year, prorated at $150.00 per month; to repeal the section as previously existing; and to provide an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2613 - Over to 10/1/96 ( 37. Ord. to amend Chapter 15, Article III of the Omaha Municipal Code, entitled ( "Liquors", Liquors , by adding thereto Section 15- which makes unlawful the consumption ( of alcoholic liquor in public streets, alleys, parking areas, other public right-of-way, ( or government controlled areas; and to provide for the effective date hereof- see ( attached. ((PUBLIC HEARING TODAY)) ( Doc. # 2614 - Over to 10/1/96 ( ( ( (a) Communication from Edward W. Dale supporting the proposed ordinance to amend Chapter 15 of the Omaha Municipal Code ( regarding consumption of liquor on public right-of-way, etc. # 2614 - Over to 10/1/96 38. Ord. to amend Omaha Municipal Code Chapter 44, entitled "Electricity"; to amend Sections 44-61, 44-63, 44-66, and 44-67, to comply with state laws establishing two year electrical licenses and continuing education requirements; to revise electrical license fees accordingly; to repeal Sections 44-61, 44-63, 44-66, and 44-67 as heretofore existing; and to provide for the effective date hereof - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2615 - Over to 10/1/96 39. Ord. approving an Agreement with Creighton Saint Joseph Regional Health Care Systems, L.L.C., a Delaware limited liability company, for operation of the Operation Bridge Employee Assistance Program - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2616 - Over to 10/1/96 - 12 - 40. Ord. approving an Agreement with Mercy Housing Midwest, a Nebraska non-profit corporation, 7262 Mercy Road, Omaha, Nebraska 68124 for operation of a transitional housing program and providing an effective date - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2617 - Over to 10/1/96 41. Ord. approving an Agreement with Omaha 100, Inc., a Nebraska non-profit corporation for operation of a home financing preparedness project - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2618 - Over to 10/1/96 42. Ord. approving an Agreement with the Urban League of Nebraska, a non-profit corporation for operation of the Family Resource Center at 3040 Lake Street - see attached. ((PUBLIC HEARING TODAY)) Doc. # 2619 - Over to 10/1/96 "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARING ON AGENDA ITEM NO. 43 SHALL BE HELD ON THE THIRD READING" 43. Ord. creating Street Improvement District No. 6858, in the City of Omaha, for the purpose of improving 54th Street from Walnut Street to Cedar Street by grading, curbing and paving; fixing and defining the boundaries of said District; authorizing acquisition of the necessary right-of-way; directing the Purchasing Agent to advertise for bids and proposals for the grading and for bids on Portland Cement Concrete base and asphaltic concrete with a flexible base paving; providing for the determination and assessment of damages, if any, occasioned by reason of change of grade; and providing the effective date hereof- see attached. Doc. # 2620 - Over to 10/1/96 * * * * * * * * * * * * * * * - 13 - DOUGLAS COUNTY ELECTION COMMISSIONER 44. Douglas County Election Commissioner transmits Certificate of Statement of Expenses apportioned to the City of Omaha for the Primary Election held in Douglas County, Nebraska, May 10, 1996. ((MOTION NEEDED TO RECEIVE AND REFER TO THE FINANCE DEPARTMENT)) Doc. # 2621 - Motion to receive and refer to Finance Department Carried 6-0 SPECIAL USE PERMITS - BROADCAST TOWER ( 45. Res. that the Special Use Permit application for permission to allow a Broadcast { Tower, with a waiver of the height restriction, in an LI-Limited Industrial District, ( located at 7404 Lake Cunningham Road, Omaha, Nebraska, is hereby approved ( and the Permits and Inspection Division is directed to issue the necessary permit ( therefor, provided the conditions set out in Exhibit "A" of the above referenced ( application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special ( Use Permit has been reviewed and evaluated pursuant to, and meets each of, the ( criteria set forth in Section 55-885 of the Omaha Municipal Code-over from 9/10/96 ( for publication and Public Hearing - had publication - see attached. ((PUBLIC ( HEARING TODAY - CAN BE ADOPTED TODAY)) ( ( Res. #2622 - Motion by Anzaldo to refer back to the Planning Board 2nd by { Takechi ( Sub-motion by Koneck to Adopt 2nd by Lo Carried 5-1 Yeas: Koneck, Lo, Takechi, Council, Terry Nays: Christensen ( (a) Planning Board and Planning Department recommend approval of a { Special Use Permit to allow a Broadcast Tower, with a waiver of the height restriction, in an LI District; 7404 Lake Cunningham Road - over from 9/10/96 - see attached. ( ( # 2622 - From Chair on File ( - 14 - ( 46. Res. that the Special Use Permit application for permission to allow a Broadcast Tower, with an exception to the height restriction, in a CC-Community Commercial ( District, located Northeast of 90th and Maple Streets, Omaha, Nebraska, is hereby ( approved and the Permits and Inspection Division is directed to issue the necessary ( permit therefor, provided the conditions set out in Exhibit "A" of the above ( referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed ( Special Use Permit has been reviewed and evaluated pursuant to, and meets each ( of, the criteria set forth in Section 55-885 of the Omaha Municipal Code - over from ( 9/10/96 for publication and Public Hearing - had publication - see attached. ( ((PUBLIC HEARING TODAY - CAN BE ADOPTED TODAY)) ( Res. # 2623 -Adopt Carried 7-0 (a) Planning Board and Planning Department recommend approval of a ( Special Use Permit to allow a Broadcast Tower, with an exception to ( the height restriction, in a CC District; Northeast of 90th and Maple Streets - over from 9/10/96 - see attached. ( # 2623 - From Chair on File RESOLUTIONS (( MOTIONS ON RESOLUTIONS UNLESS OTHERWISE SPECIFIED SHOULD BE TO (ADOPT) OR (NOT ADOPT) )) 47. Res. authorizing the Purchasing Agent to issue a purchase order to Yant Equipment in the amount of $117,787.19 for above-ground gasoline and diesel fuel storage tank installation at nine locations payable from the Municipal. Infrastructure Redevelopment Fund 113, Organization 1013 - see attached. Res. # 2624 -Adopt Carried 7-0 48. Res. that the appointment of Littleton Alston as a visual art teacher representative on the Public Art Commission, to serve a term commencing upon confirmation by the City Council and expiring three years thereafter, is hereby confirmed - see attached. Res. # 2625 - Adopt Carried 6-0-1 Pass Yeas: Lo, Takechi, Anzaldo, Christensen, Council, Terry Pass: Koneck - 15 - 49. Res. that the appointment by the City Council of the City of Omaha of Michael C. Wiese as a member of the Dock Board of the City of Omaha, to serve a term commencing upon confirmation by the City Council and expiring three years thereafter, is hereby confirmed - see attached. Res. # 2626 -Adopt Carried 7-0 50. Res. that the appointment by Mayor Hal Daub of Willie Bob Johnson as a member of the Park and Recreation Board to serve a term commencing on the date of confirmation by the City Council, and expiring April 1, 1999, is hereby confirmed - see attached. Res. # 2627 -Adopt Carried 7-0 51. Res. that the appointment of Jerry E. Kelley as a member of the Planning Board to serve a term commencing upon the date his residential community is annexed and expiring August 23, 1999, is hereby confirmed - see attached. Res. # 2628 -Adopt Carried 7-0 52. Res. the City of Omaha Law Department is authorized and directed to prepare and submit an offer of judgment in the amount of $70,000.00 in the pending litigation entitled Thomas K. Harmon, Personal Representative for the Estate of Joan LaVonne Sagendorf vs. The City of Omaha (Doc. 933, No. 96) and, if such offer of judgment is accepted by plaintiff and judgment is entered, the Finance Department shall issue such warrants as are necessary; said funds to be paid from the Judgment Fund - see attached. Res. # 2629 - Adopt Carried 7-0 "PURSUANT TO CITY COUNCIL RULE VII D, THE PUBLIC HEARING ON AGENDA ITEMS NO. 53 THROUGH 57 SHALL BE HELD ON THE THIRD READING" ZONING ORDINANCES ON FIRST READING and Planning Board Attachments ( 53. Ord. to zone property to R3-Single Family Residential District (Medium-Density); ( 4707 - 4719 "C" Street. Doc. # 2630 - Hearing 10/8/96 ( (a) Planning Board and Planning Department recommend approval of a ( request to zone property R3; 4707 - 4719 "C" Street - see attached. ( # 2630 - Over to 10/8/96 - 16 - ( 54. Ord. to rezone from DR-Development Reserve District to R4-Single Family ( Residential District (High-Density); 5037 South 50th Street. ( ( ( Doc. # 2631 - Hearing 10/8/96 ( ( ( (a) Planning Board and Planning Department recommend approval of a ( request to rezone from DR to R4; 5037 South 50th Street - see ( attached. ( ( # 2631 - Over to 10/8/96 ( 55. Ord. to rezone from AG-Agricultural District to DR-Development Reserve District; ( Northeast of 180th Street and West Center Road. ( ( ( Doc. # 2632 - Hearing 10/8/96 ( ( ( ( 56. Ord. to rezone from AG-Agricultural District to R3-Single Family Residential District ( (Medium-Density); Northeast of 180th Street and West Center Road. ( ( Doc. # 2633 - Hearing 10/8/96 57. Ord. to rezone from AG-Agricultural District to R5-Urban Family Residential District; ( Northeast of 180th Street and West Center Road. ( ( ( ( Doc. # 2634 - Hearing 10/8/96 ( (( (a) Planning Board and Planning Department recommend approval of a request to rezone from AG to DR, R3 and R5; Northeast of 180th Street and West Center Road - see attached. ( ( # 2634 - Over to 10/8/96 ( * * * * * * * * * * * * * * * - 17 - "PURSUANT TO CITY COUNCIL RULE VII C, THE PUBLIC HEARING ON AGENDA ITEMS NO. 58 THROUGH 61 SHALL BE HELD ON THE SECOND READING." ORDINANCES ON FIRST READING 58. Ord. adding a new article entitled "Garage Sales" to Chapter 30 of the Omaha Municipal Code providing for definitions, providing for certain restrictions on such sales and providing for an effective date - see attached. Doc. # 2635 - Hearing 10/1/96 59. Special Ord. levying a special tax assessment for demolition of condemned buildings or structures in accordance with Section 43-27(e) of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 95-3) - see attached. Doc. # 2636 - Hearing 10/1/96 60. Special Ord. levying a special tax assessment for demolition of condemned buildings or structures in accordance with Section 43-27(e) of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 95-4) - see attached. Doc. # 2637 - Hearing 10/1/96 61. Special Ord. levying a special tax assessment for demolition of condemned buildings or structures in accordance with Section 43-27(e) of the Omaha Municipal Code on certain lots in the City of Omaha (Group No. 95-5) - see attached. Doc. # 2638 - Hearing 10/1/96 * * * * * * * * * * * * * * * 62. Ord. approving an Agreement with Catholic Charities, Inc. (formerly known as United Catholic Social Services, Inc.), a Nebraska Non-profit Corporation, for the construction of improvements in the Campus for Hope Redevelopment Area at 17th and Nicholas Streets; and providing an effective date. ((SEE FOLDERS)) ((MOTION REQUESTED BY COUNCILMEMBER COUNCIL TO SET THE PUBLIC HEARING ON THE THIRD READING ON 10/8/96)) Doc. # 2639 - Motion to set the Public Hearing on 3rd Reading on 10/8/96 Carried 7-0 - 18 - 63. Ord. approving an Agreement with The Holy Name Housing Corporation, a Nebraska Non-profit Corporation, for Housing Coordination and Resource Development; and providing an effective date. ((SEE FOLDERS)) ((MOTION REQUESTED BY COUNCILMEMBER COUNCIL TO SET THE PUBLIC HEARING ON THE THIRD READING ON 10/8/96)) Doc. # 2640 - Motion to set the Public Hearing on 3rd Reading on 10/8/96 Carried 7-0 64. Ord. approving an Agreement with The Salvation Army, a Nebraska Non-profit Corporation, for Transitional Housing; and providing an effective date. ((SEE FOLDERS)) ((MOTION REQUESTED BY COUNCILMEMBER COUNCIL TO SET THE PUBLIC HEARING ON THE THIRD READING ON 10/8/96)) Doc. # 2641 - Motion to set the Public Hearing on 3rd Reading on 10/8/96 Carried 7-0 65. Ord. approving an Agreement with The Stephen Center, a Nebraska Non-profit Corporation, for Transitional Housing; and providing an effective date. ((SEE FOLDERS)) ((MOTION REQUESTED BY COUNCILMEMBER COUNCIL TO SET THE PUBLIC HEARING ON THE THIRD READING ON 10/8/96)) Doc. # 2642 - Motion to set the Public Hearing on 3rd Reading on 10/8/96 Carried 7-0 EXECUTIVE SESSION 66. Motion to go into Executive Session for the purpose of discussing labor negotiations, personnel matters and litigation. Adjourn: 6:17 P.M. DOCUMENTS ARE AVAILABLE FOR PUBLIC INSPECTION IN THE CITY CLERK'S OFFICE ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY SANDRA L. MOSES -444-5554, IF ARRANGEMENTS NEED TO BE MADE. * * * * * *. * * * * * * * * * * * * * * * * * * * * * * * * * * * * - 19